Re: First to Invent Clause

Subject: Re: Re: First to Invent Clause

Comments:
: : Frank D'Angelo on November 9th stated that he could prove he had prior art from 1989, on a patent that had been issued to two other inventors’ in January 2000. Frank asks if he could make a claim. I am assuming that Frank would like some type of royalties or compensation from the inventors of the January 2000 patent. : : This brings up another question. Litigation can be expensive. Could Frank, simply manufacture and market his own product and compete with the other inventors? If challenged by the inventors of the 2000 patent, he could then hire an attorney to present his prior art : : Terry : Dear Terry, : It depends on the claims of the patent and the relationship of the prior art to the claims. : A suppression of the information for a fee may be a legal problem for both parties. : Any party is free to do what does not infringe the valid claims of a patent. : Patent litigation is expensive, even for the lawyers, who can get very large fees. : The details of a problem like this cannot be solved on a Forum. Whether you like it or not you need competant legal advice that you can trust. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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